Current location - Education and Training Encyclopedia - Educational Knowledge - Simulation and analysis of theoretical knowledge of civilian professional skills posts in 2022
Simulation and analysis of theoretical knowledge of civilian professional skills posts in 2022
1. About national defense knowledge, the following statement is wrong ().

A.A. What is the theme of national defense education in China in 2020? Strive for a new era and gather strong military dreams?

B China's national defense law stipulates that China implements active defense and adheres to national defense of the whole people.

C Mao Zedong's famous ten military principles, the core of which is to concentrate superior forces to fight the war of annihilation.

D. it's called God of war? And then what? Pioneer? The arms are airborne troops and missile troops.

Answer d

Analyze this question, examine the knowledge of national defense and choose the wrong item. People often give some weapons a praise title. Like what? God of war? It's artillery. Favorite son of heaven? Is it airborne? Pioneer? It is the engineer who can see that the expression of item D is wrong, which conforms to the meaning of the question and is elected. Therefore, choose the d option.

Extension A: September 1 day 15, 2006 is the first national defense education day. What is the propaganda theme? Paying attention to national defense means caring about your home? . September 19, 2020 is the 20th National Defense Education Day in China. What is the propaganda theme? Strive for a new era and gather strength to strengthen the military dream? . Statement A is correct and excluded.

Item B: According to Article 6 of the National Defense Law, People's Republic of China (PRC) (PRC) pursues a defensive national defense policy, independently builds and consolidates national defense, actively defends it and safeguards the national defense of the whole people. The statement in item B is correct and excluded.

Item C: Ten Principles of Operational Guidance of the China People's Liberation Army put forward by Mao Zedong during the War of Liberation. The Important Content of Mao Zedong's Strategic and Tactical Thought of People's War. The ten military principles are an organic whole, the core of which is to emphasize the concentration of superior forces to fight annihilation. Item C is correctly stated and excluded.

2. In order to build and consolidate national defense, ensure the smooth progress of reform, opening up and socialist modernization, and realize the great rejuvenation of the Chinese nation, according to the Constitution, the National Defense Law of People's Republic of China (PRC) is formulated and will come into force on June 1 day, 20265438. The following statement about People's Republic of China (PRC)'s national defense law is wrong ().

A. People's Republic of China (PRC) pursues a defensive national defense policy, independently builds and consolidates national defense, actively defends and safeguards the national defense of the whole people.

The National People's Congress decides on issues of war and peace in accordance with the Constitution, and exercises other functions and powers in national defense as stipulated in the Constitution.

C. People's Republic of China (PRC)'s army building adheres to the road of strengthening the army with China characteristics, insisting on building the army politically, reforming the army, strengthening the army through science and technology, and managing the army according to law, and striving to achieve the party's goal of strengthening the army in the new era.

The national defense science, technology and industry follows the policy of combining military and civilian, combining peacetime and wartime, giving priority to military products, being driven by innovation, and being self-controllable.

Answer c

Analyze this topic, examine the knowledge of national defense law, and choose the wrong item. According to Article 24 of the National Defense Law, the Chinese armed forces adhere to the road of strengthening the army with China characteristics, persist in building the army politically, reforming the army, strengthening the army with science and technology, strengthening the army with talents, managing the army according to law, strengthening military training, carrying out political work, improving the level of security, comprehensively promoting the modernization of military theory, military organizations, military personnel and weapons and equipment, building a modern combat system with China characteristics, comprehensively improving combat effectiveness, and working hard to achieve the party's goal of strengthening the army in the new era. Item c is missing? Talent strengthens the army? , the expression is wrong. Therefore, choose the c option.

Expand Item A: According to Article 6 of the National Defense Law, People's Republic of China (PRC) (hereinafter referred to as People's Republic of China (PRC)) pursues a defensive national defense policy, independently builds and consolidates national defense, actively defends and safeguards the national defense of the whole people. The state adheres to the coordinated, balanced and compatible development of economic construction and national defense construction, carries out national defense activities in accordance with the law, accelerates the modernization of national defense and the armed forces, and realizes the reunification of a rich country and a strong army. Item a is correct.

Item B: According to Article 12 of the National Defense Law, the National People's Congress decides on issues of war and peace in accordance with the Constitution and exercises other functions and powers in national defense as stipulated in the Constitution. According to the Constitution, the NPC Standing Committee decides to declare a state of war, decide on national general mobilization or partial mobilization, and exercise other functions and powers in national defense as stipulated in the Constitution. Item b is correct.

Item D: According to the provisions of Article 34 of the National Defense Law, the national defense science, technology and industry implements the policy of combining the military with the people, combining peacetime and wartime, giving priority to military products, being driven by innovation, and being self-controllable. The state makes overall plans for the construction of national defense science, technology and industry, adheres to the principles of national leadership, division of labor and cooperation, professional support and open integration, and maintains the national defense scientific research and production capacity with appropriate scale and reasonable layout. Item d is correct.

3. The following statement is incorrect ().

A. Procedural law refers to the law on procedure formulated to realize substantive rights and obligations.

B the constitution is the basis for enacting other laws, and other laws shall not contravene the constitution.

C. Special laws are laws that apply to specific people and things, or to specific regions and times.

D. Civil law, commercial law and procedural law all belong to private law.

Answer d

Analyze this question, examine the knowledge of jurisprudence and choose the wrong item. Public law refers to the law formulated to adjust the relationship between the state and citizens, organizations and various personnel. Private law mainly refers to the law that regulates the relationship between ordinary citizens and organizations. The main difference between public law and private law lies in whether departmental law involves state rights and whether it involves mandatory norms of the state. Constitution, administrative law, criminal law and all procedural laws belong to public law, while civil law and commercial law belong to private law. However, there are still some laws, such as social law, economic law and environmental law, which are between public law and private law and have the nature of both public law and private law. In item d? Procedural law belongs to private law? Wrong, elected. Therefore, choose the d option.

Expand item A: Procedural law is a procedural law formulated to realize substantive rights and obligations, such as criminal procedure law and civil procedure law. Of course, this division is not absolute, and some procedural issues are often stipulated in substantive law, while the rights and obligations of litigants are stipulated in procedural law. Item A is inconsistent with the meaning of the question, so it is excluded.

Item B: The Constitution is the fundamental law of the country and has the highest legal effect. It is the basis for formulating other laws, and all laws and regulations must not contravene the Constitution. Item b is inconsistent with the meaning of the question, so it is excluded.

Item C: A special law is a law applicable to a specific group of people, a specific matter, or a specific region and time. Special laws can also be called special provisions, and general laws can also be called general provisions. Item c is inconsistent with the meaning of the question, so it is excluded.

Xiaoding and Xiao Zhang have been in love for 6 years. This year, they made an appointment to go to the marriage registration office for marriage registration. The marriage registration office registers them according to law and issues marriage certificates. The registered marriage between Xiaoding and Xiao Zhang is legally called ().

A. Legal facts

B. Legal events

C. factual behavior

D. Legal relations

Answer a

Analyze this topic and investigate the basic conceptual knowledge of jurisprudence. Legal fact is a phenomenon stipulated by law that can cause the emergence, change and elimination of legal relationship. According to whether it is related to human will or consciousness, it can be divided into events (independent of human will) and behaviors (independent of human will). The marriage registration between Xiaoding and Xiao Zhang is determined by the will of both parties, which can lead to the legal relationship of marriage and is a legal act in fact. Item a is in line with the meaning of the question, so it is elected. Therefore, choose option a.

Extended Item B: A legal event refers to an event that can lead to certain legal consequences regardless of human will. Such as birth, death, storm, flood, earthquake, etc. Xiaoding and Xiao Zhang registered to get married? The act of diverting people's will? , not an event. Item b does not meet the meaning of the question, so don't choose it.

Item C: A factual act refers to an act in which the actor has no intention of establishing, changing or eliminating a civil legal relationship, but can cause civil legal consequences according to the provisions of the law. Xiaoding and Xiao Zhang registered marriage for the purpose of establishing marriage relationship, which is not a factual act. Item c does not meet the meaning of the question, so don't choose it.

Item D: Legal relationship refers to the social relationship in the form of legal rights and obligations formed by legal norms in the process of adjusting people's behavior. Xiaoding and Xiao Zhang registered for marriage is a legal act, not a legal relationship. Item d doesn't meet the meaning of the question, so don't choose it.

5. What is wrong about the NPC is ().

A. The term of office of the National People's Congress is five years.

B. the national people's congress is the highest organ of state power.

The National People's Congress is composed of representatives elected by provinces, autonomous regions, municipalities directly under the Central Government, special administrative regions and the armed forces.

D. the national people's congress is held every two years.

Answer d

Analyze this problem, investigate the knowledge of state institutions, and choose the wrong item. According to Article 6 1 of the Constitution, the National People's Congress meets once a year and is convened by the NPC Standing Committee. If the NPC Standing Committee deems it necessary, or more than one-fifth of the deputies to the National People's Congress propose, a meeting of the National People's Congress may be convened temporarily. Option d should be changed to hold the National People's Congress once a year. Therefore, choose the d option.

Expand Item A: According to Article 60 of the Constitution, the term of office of the National People's Congress is five years. Two months before the expiration of the term of office of the National People's Congress, the NPC Standing Committee must complete the election of deputies to the next National People's Congress. If the election cannot be held under special circumstances, it can be postponed and the term of office of the current National People's Congress can be extended with the approval of the NPC Standing Committee by more than two-thirds of all its members. The election of deputies to the next National People's Congress must be completed within one year after the end of the extraordinary situation. Item A is correct, so don't choose it.

Item B: According to Article 57 of the Constitution, the National People's Congress of the People's Republic of China is the highest organ of state power. Its permanent organ is the NPC Standing Committee. Item b is correct and not selected.

Item C: According to Article 59 of the Constitution, the National People's Congress is composed of representatives elected by provinces, autonomous regions, municipalities directly under the Central Government, special administrative regions and the armed forces. All ethnic minorities should have an appropriate number of representatives. Item C is correct and not selected.

6. There are two basic rights in the Constitution: negative rights and positive rights. The former aims to exclude the arbitrary intervention of state power, while the latter emphasizes the active intervention of state power. The following constitutional basic rights and freedoms, belong to the positive right is ()

A. Political freedom

B. Personal dignity

C. Personal freedom

D. Getting material help

Answer d

Analyze this topic and examine citizens' understanding of basic rights and obligations. For example, positive rights emphasize the positive intervention of state power, through which citizens' rights in social and economic life are protected. According to article 45 of the Constitution, citizens of People's Republic of China (PRC) (China) have the right to receive material assistance from the state and society in case of old age, illness or incapacity to work. It is a positive right to emphasize the active participation of state power. Therefore, choose the d option.

Expand Item A: According to Article 35 of the Constitution, People's Republic of China (PRC) citizens have freedom of speech, publication, assembly, association, procession and demonstration. Therefore, it is a negative right for the state not to interfere with citizens' participation in political life. Item a is wrong.

Item B: According to Article 38 of the Constitution, the personal dignity of People's Republic of China (PRC) citizens is inviolable. It is forbidden to insult, slander, falsely accuse or frame citizens in any way. It is a negative right to exclude interference with citizens' personal dignity. Item b is wrong.

Item C: According to Article 37 of the Constitution, the personal freedom of People's Republic of China (PRC) citizens is inviolable. It is a negative right to exclude interference with citizens' personal freedom. Item c is wrong.

7. Party A and Party B had a dispute over parking and had a big fight. Party A knocked Party B unconscious. When A wanted to escape from the scene, he found a purse with 50,000 yuan in cash in the passenger seat of B car, and A took it for himself. The behavior of A holding a wallet constitutes ()

A. Robbery

B. stealing

C. Crime of embezzlement

D. robbery

Answer b

Analyze this topic and investigate the knowledge of specific provisions of criminal law. According to Article 264 of the Criminal Law, whoever steals public or private property in a relatively large amount, or who steals, enters a house for many times, carries a weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. According to Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases, stealing public or private property? A lot? 、? Huge amount? 、? The amount is particularly huge? The standards are as follows: (1) What is the value of personal theft of public or private property ranging from 500 yuan to 2,000 yuan? A lot? . (two) personal theft of public or private property worth more than five thousand yuan to twenty thousand yuan, for? Huge amount? . (3) What is the value of personal theft of public or private property ranging from RMB 30,000 to RMB 100,000? The amount is particularly huge? . The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and social security situation, determine the amount within the scope specified in the preceding paragraph? A lot? 、? Huge amount? 、? The amount is particularly huge? Standard. In the middle of the problem, when B was in a coma, A took 50,000 yuan in cash from B's wallet for the purpose of illegal possession, which constituted theft. Therefore, choose option B.

Expand Item A: According to Article 267 of the Criminal Law, whoever robs public or private property in a large amount or repeatedly robs it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Whoever robs with a murder weapon shall be convicted and punished in accordance with the provisions of Article 263 of this Law. Excluding item a.

Item C: According to Article 270 of the Criminal Law, anyone who illegally occupies other people's property and refuses to return it in a large amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. This crime can only be dealt with if it is spoken. Exclude item C.

Item D: According to Article 263 of the Criminal Law, whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated: (1) robbery at home; (2) Robbery on public transport; (3) robbing banks or other financial institutions; (4) Robbery for many times or the amount of robbery is huge; (5) Robbery causes serious injury or death; (six) posing as military and police personnel to rob; (7) Armed robbery; (eight) robbing military supplies or emergency rescue, disaster relief and relief supplies. Item d excludes liability.

8. A, secretary of the Party branch and director of the village committee of a village, deliberately fabricated facts to take the state funds for the renovation of dangerous houses as his own during the period of assisting the government in the renovation of dangerous houses, and borrowed others' names to extract funds 15752.26 yuan. Later, under the powerful anti-corruption deterrent of the country, he voluntarily returned all the money to the dilapidated building renovation office in the town. About a behavior, the following statement is correct ().

A. Constitute the crime of embezzlement

B. Constitute the crime of duty embezzlement

C serious violation of discipline, but returning funds afterwards does not constitute a crime.

D. Constitute the crime of corruption

Answer d

Analyze this topic and investigate the knowledge of specific provisions of criminal law. According to Article 382 of the Criminal Law, it is a crime of corruption for a state functionary to embezzle, steal, cheat or illegally occupy public property by other means by taking advantage of his position. Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property embezzle, steal, defraud or illegally occupy state-owned property in other ways by taking advantage of their positions, which is regarded as corruption. Whoever colludes with the persons listed in the preceding two paragraphs for corruption shall be punished as an accomplice. Although A is a member of the village grass-roots organization, as a person entrusted by the state organs to manage state-owned property, it constitutes a crime of corruption to use his convenience to assist the government in the renovation of dangerous houses and embezzle the funds for the renovation of dangerous houses. Therefore, choose the d option.

Expand Item A: According to Article 270 of the Criminal Law, anyone who illegally occupies other people's property and refuses to return it in a large amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. This crime can only be dealt with if it is spoken. It can be seen that the object of this crime is limited to three kinds of property: one is the property of others kept on behalf of others; Second, things forgotten by others; The third is the funerary objects of others. In this case, Party A only assisted the government in its work, but did not keep the funds for the renovation of dangerous houses on its behalf. Excluding item a.

Item B: According to the provisions of Article 271 of the Criminal Law, employees of companies, enterprises or other units illegally take the property of their own units for themselves by taking advantage of their positions. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law. The subject of this crime is a special subject, including the personnel of companies, enterprises or other units, and the object of the crime is the property ownership of companies, enterprises or other units. In this case, A is not a staff member of a company, enterprise or other units, and does not meet the constitutive requirements of the criminal subject. Rule out item B.

9. () is a kind of social correction that allows criminals to make a living without being imprisoned.

A. control

B. Criminal detention

C. sentences

D. detention

Answer a

Analyze this topic and investigate punishment and its specific application knowledge. Control refers to the penalty method of not imprisoning criminals, making community corrections according to law and restricting their freedom. According to Article 38 of the Criminal Law, the period of control is three months to two years. Controlled sentencing can be based on the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific people during execution. For criminals sentenced to public surveillance, community correction should be carried out according to law. Violation of the prohibition order stipulated in the second paragraph shall be punished by the public security organ in accordance with the provisions of the People's Republic of China (PRC) Public Security Administration Punishment Law. Control has the following characteristics: ① criminals are not detained or deprived of personal freedom; (2) Criminals sentenced to public surveillance must carry out community correction according to law, and their freedom is limited to some extent; Criminals sentenced to public surveillance can earn their own living and receive equal pay for equal work with ordinary citizens at work. Therefore, choose option a.

Extended Item B: Criminal detention refers to short-term deprivation of personal freedom, detention nearby and forced labor. The term of criminal detention is from one month to six months. A criminal sentenced to criminal detention shall be executed by the public security organ nearby. During the execution, criminals sentenced to criminal detention can go home for one or two days a month; Those who take part in labor may be paid as appropriate. The term of criminal detention shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment. Item b is inconsistent with the meaning of the question, so it is excluded.

Item C: Confused item, excluded.

Item D: Custody refers to the compulsory state of depriving criminal suspects and defendants of their personal freedom within a certain period of time. The significance of detention lies in preventing criminals or criminal suspects from escaping, committing suicide, colluding with confessions, destroying evidence or continuing criminal activities, and ensuring the smooth progress of investigation, prosecution and trial. Item d is inconsistent with the meaning of the question, so it is excluded.

10. After marriage, Party A and Party B were assigned a three-bedroom house, and then Party B married Party C, only to find that they wanted to divorce Party C because of emotional discord. Accordingly, this three-bedroom house belongs to ().

Alcoholics Association

B.b

CB and c

D. A, B and C

Answer b

Analyze this topic and investigate the knowledge of marriage law. According to Article 1063 of the Civil Code, the following properties are the personal property of one spouse: (1) the pre-marital property of one spouse; (2) Compensation or compensation obtained by one party for personal injury; (3) Property that is determined to belong to only one party in the will or gift contract; (4) Daily necessities used exclusively by one party; (five) other property that should be owned by one party. The three-bedroom apartment became Party B's personal property after Party A divorced Party B, and later Party B married Party C, but it did not affect the ownership of the house, because the house belonged to Party B before marriage, so the three-bedroom apartment belonged to Party B. Therefore, option B was selected.